Norfolk Southern Railway Co. v. Intermodal Properties, LLC, 210 N.J. 261 (2013). New Jersey law allows railroads and public utilities to take private property by eminent domain. N.J.S.A. 48:3-17.7 requires that any such taking be “not incompatible with the public interest,” and N.J.S.A. 48:12-35 limits ...
Cumberland Cty. Bd. of Freeholders v. Vitetta Group, P.C., 431 N.J. Super. 596 (App. Div. 2013). Most cases involving the construction statute of repose, N.J.S.A. 2A:14-1.1, involve how to determine when the statute begins to run. This case, in contrast, deals with ...
Booker v. Rice, 431 N.J. Super. 548 (App. Div. 2013), and Zimmer v. Castellano, 432 N.J. Super. 412 (App. Div. 2013). In each of these cases (Booker involving the City of Newark and Zimmer involving the City of Hoboken [Disclosure: My firm, ...
Roseff v. Byram Tp., 432 N.J. Super. 8 (App. Div. 2013). The referendum provision of the Faulkner Act, N.J.S.A. 40:69A-185, which permits citizens to petition for a referendum to seek to overturn a municipal ordinance, is not often invoked. It is even less frequently ...
Oyola v. Liu, 431 N.J. Super. 493 (App. Div. 2013). The main thrust of this opinion by Judge Alvarez was to affirm a decision of the Law Division that granted summary judgment in favor of plaintiffs and against the New Jersey Property-Liability ...
Belmont Condominium Ass’n, Inc. v. Geibel, 432 N.J. Super. 52 (App. Div. 2013). This case resulted in another magnum opus by Judge Parrillo. Plaintiff sued over defective construction of a condominium in Hoboken. Plaintiff also attacked certain statements that the ...
In re Plan for the Abolition of the Council on Affordable Housing, 214 N.J. 444 (2013). The Council on Affordable Housing (“COAH”) was established as part of the Legislature’s response to the Mount Laurel cases. In those cases, the Supreme Court had announced ...
Shelton v. Restaurant.com, Inc., 214 N.J. 419 (2013). [Disclosure: I argued this case in the Supreme Court for the successful plaintiffs]. This consumer protection case has had a long odyssey. Originally filed in the Law Division, Middlesex County, the case was then ...
This afternoon, the Supreme Court issued an Order denying plaintiffs’ petition for certification in this election matter. As the Order notes, that disposition moots plaintiffs’ request for emergent relief. The special elections will thus go forward in accordance with Governor Christie’s ...
Paff v. New Jersey State Firemen’s Ass’n, 431 N.J. Super. 278 (App. Div. 2013). John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”). He is also a life member of the New Jersey State ...